tv Lou Dobbs Tonight FOX Business January 26, 2013 10:00am-11:00am EST
a federal appellate court ruling that president obama violated the constitution more than a year ago when he made three recess appointments to the national labor relations board. this week began with the administration's all-out assault on the second amendment and our right to own guns and concludes with this federal court ruling that the administration acted against the constitution and in so doing the court, through the
nlrb rulings of the past 16 months into question. this week the republican party put forward a plan on the debt ceiling in debt and appears to have won the support of both the president and senate majority leader. the republican change in direction and tone was not matched by a change in the republican party's lead. the rnc reelected the chairman after losing both the white house and ten seats in congress to democrats in that 2012 election. his job as head of the national party even as lenient -- louisiana's popular governor and from a republican both cried out for the party's revitalization, new ideas, and the voices. obama administration stalwart treasury secretary gagger and secretary of state clinton bidding farewell to the administration. clinton finally this week testifying on benghazi, trying to explain away one of the administration's biggest failures.
another week in which president obama has dispatched vice-president biden to campaign against the second amendment. the president's inaugural this week. next week he launches his campaign for comprehensive immigration reform. next week senator kerry to be confirmed as the next secretary of state as early as tuesday. the president's nominee to replace the outgoing defense secretary, leon panetta, this week maintaining a low profile. secretary panetta competing for media and public attention when he made a surprise announcement as he lifted the ban on female troops in combat. retired army general and done what the, the first female four-star general and the army joins us your life. we begin tonight with a unanimous court ruling seen as a major setback for the president and his agenda and his efforts to stack the national labor relations board with
union-friendly officials. fox news chief white house correspondent ed henry with our report. >> as he wrote that the white house chief of staff dennis mcdonald, president obama was hoping for a smooth start his second term. instead he was brushed back by a federal appeals court ruling unanimously violating the constitution last year. >> it was just ice huge, massive overstep of executive power, and an unconstitutional power grab. >> the controversy stems from a dramatic election-year showdown in which the president by passed the senate and put three picks on the national labor relations board by using recess appointments on january 4th 2012. a power the white house continued to defend vociferously to they. >> the decision is novel and unprecedented. contradicting 150 years of practice by democratic and republican ed ministrations. >> except republicans used
pro-forma sessions to make sure the senate was not really in recess when the president made the appointments. gop senators today hailed the court's decision as a major victory. >> i think he has been getting ready to exercise a lot of executive overreach, a lot of executive orders and regulations and tried to push his agenda that way. so this ruling comes at a very, very appropriate time, i think, for the constitution and for the american people. >> white house officials downplayed it by saying this was just one court and one case. a suit brought by a family-owned soft drink business in washington state challenging the nlrb demand to enter into a collective bargaining agreement with the labor union. conservatives insist that the case has massive implications because the supreme court ruled last summer that the nlrb must have at least three people to make rules. >> since august of 2011 you have
not had a 3-member board that has been confirmed by the senate. and so under the supreme court decision, and the process, this means that all those decisions are void. >> richard cordray was also installed by recess appointment and january 4th, 2012. why conservatives a all of his work at the head of the consumer venture protection bureau is now null and void, the white house insists no precedent was set to take. >> it has no bearing on richard cordray, and we, as i said, strongly disagree. >> republicans also think is ruling is huge because of the fact that the nlrb has now issued over 200 decisions since january of 2012 when these recess appointments happened, including expanded powers for unions to get information from corporations and also a new rule that forces corporations to take out union dues from paychecks, even if a collective bargaining agreement has expired. the bottom line is, all of these
issues now are up for review. lou: up for review, and if the supreme court does not take up this case, there will be afforded, will they not? >> there are some legal analysts who are saying that. charlie the white house believes that they are on firm legal ground. that has been questioned, no doubt, but this appeals court, but the white house, through the justice department, is related take this to the supreme court. there are still confident in victory. lou: thank you. i never heard a white house ever not confident in these things. thank you so much. fox news chief white house correspondent. the president is also expected to nominate his new budget director in the coming days. sources say the leading candidate is sylvia matthews are well, the president of all walmart charity foundation, a veteran of the clinton administration. the pentagon today said it has become as more -- as many as 46,000 temporary employees at a budget cuts. the department of defense set to
see $487 billion in cuts over the next decade. the pentagon also warning that if further budget cuts to take place it will be forced to furlough most of its 800,000 full-time citizen employees. welcome my next guest became the country's first female four-star general back in 2008. rewarded her perspective to allow women in combat and a place to have with this general and then would become a retired commanding general of the u.s. army material command. could to have you here. your thoughts from your perspective what this means for first the army itself in the country. >> well, good evening, lou. first, i think it is a great decision. it is a good decision. the timing is right, and that think this decision now runs policy with the current
realities on today's battlefield . lou: the realities include a more technologically oriented military, but still the requirements for special operations, special forces, infantry. in your judgment and commander as a leader of tens of thousands , do you believe that women will have soon of role in such elements of our army and other branches? >> i believe this policy is the way -- and as the chairman and the sec staff laid out, that there is an assessment phase and a revision of the current military operation specialties with every visit. the standards, the requirements for each one of those military operational specialties. and by doing so they will ensure that those women and men who are
applying for those particular specialties will meet those qualifications. so they have the desire and the qualification without compromising those standards. lou: many people in this argument debate and hopefully just plain old discussion have sided with the israelis, men and women serving shoulder to shoulder and really every role in their military. can you think of a reason why it should not be so in the united states military? >> no, i cannot think of any reason. and i have heard the naysayers. i no there are many out there that believe this cannot be done without compromising those standards . having served almost 38 years in an institution where i have lived and scene change throughout my career, and i can assure you, being one of the very first female officers had the opportunity to attend airborne school, and you can
imagine the looks on the instructors. it was not a popular decision. but, can assure you that having that opportunity to go to airborne school. people say why you want to jump out of a perfectly good airplane? well, it was exciting. it sounded challenging. so i had the opportunity to do that, but by having that opportunity that later opened the door for me to serve in the esteemed 802nd airborne division and command there. i had the opportunity to go to jet master's cool. that is a very prestigious and demanding school. primarily male dominated. i was the only female in the class surrounded by special forces folks. you know, they didn't change the standards. that is their responsibility of -- airborne operations, and people's lives depend on your ability to lead. so i have seen change. by having that opportunity i was able to command in airborne parachute rigger detachment in
germany airdropping. and then to be assigned to the division parachute officer slot in the 802nd airborne division, that was previously all male. lou: we can put it this way, you were commanding one of the army's most chronicled, decorated commands, the 802nd. a command of which most -- most men cannot gain entrance. we thank you very much. we appreciate you. come back since. >> thank you. thank you. have a great evening. lou: you, too. what's more on women in combat. we will take that up with the "a-team" and what it means for our society, economy, and, of course, united states military as we proceed here tonight. stay with us. a bull run on wall street. the market at a 5-year high. the dow jones industrial near record highs.
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joined by fox his middle east and terrorism expert and analysts. good to have you here. let's start with what is happening in egypt. give us a sense of -- this has been going on for some time. to what affect? >> well, look, this is a defining moment. what we see right now on the streets of egypt, two years after the first revolution, a second revolution. those who are organizing these demonstrations on the ground, as we see in the pictures, the same people who started the original arabs bring in cairo two years ago. so you have those young people, secular, liberal, women's movement minorities rising against the muslim brotherhood government regime. this is an important moment for the international committee to make a choice. we are doing is sending more weapons instead of more support
to the use. lou: and what kind of support are those who are demonstrating in the streets of cairo and drought egypt today, what kind of support are they receiving from the international community, in particular the united states, if any? >> they're not receiving anything. it reminds us of june of 2009 when you had 2 million, mostly young people, boys and girls in the streets. there were not calling for weapons or money. just a dress us, talk to us. now it's happening in egypt. you have a regime which is getting our support, taxpayer support on the one hand, and you have a civil society that wants to get rid of that regime or change the regime which is not even recognized. we need to have a speech and narrative toward those people to have them believe there on the right path and receive them here in washington d.c. lou: we are offering a gift of 16 to the government.
abrams tanks, some 200 of them. how is it a gift? and what in the world of those weapons to be -- against him are those weapons to be used? >> a huge question. i mean, observers in the middle eastern not, you know, understanding at this point in time. first of all, against him, as you said. if you have a peace treaty with israel they're not going to get past them in the sinai or use them against demonstrators like khaddafi did. they're going to send them to the sudan, darfur. plus, when people on the streets c.s. sending more weapons to the muslim brotherhood government, there will be defeated morally. they're not going to send more weapons until you reform policy. rear doing just the opposite. lou: we are not even hearing an outcry from anyone in the senate from the congress, at least strong voices, prominent or numerous voices in either house.
why is that? >> well, they need to be well informed. congressional leaders need to be well informed about it is playing in the streets of the joint command that is very important. will we see right now is a defining moment for the future. those used to be our partners in the future. we should be sending foreign aid to them, that the regime of president. my call to congress is you have to do something about it. you have to pressure the administration to have a different policy with regard to egypt. lou: north korea again threatening south korea, threatening the united states, threatening another nuclear test the prospect of more missile tests. what should be the u.s. response to what has, it looks to be, another adventuress regime in north korea. >> first, the equation is simple. the more north korean regime is going to do in terms of showing as the missiles, testing missiles demobilizing, threatening against the south
koreans, and we don't do anything meaningful. meeting, we don't have a containment policy, the work even with the chinese and the russians to contain the north koreans. you do more of it. at some point in time there will show us the missiles with the bomb. the other byproduct of this is that other regimes, the iranian regime is looking at how we are not containing the north koreans, even after the develop the weapon. what will their conclusion b? so if we don't have a containment now, not only north korea, but other countries, other regimes are going to follow the path. lou: what will china do? it is the sponsor of north korea. it has determined the influence over their regime irrespective of what people want to play at in this country and our national media. what should be the relationship between the united states and china on the issue of north korea? >> it should be around nationals
this -- national security discussion with the chinese. they have a lot of problems. many asset minorities rising. a lot of the system. when we sit down, the first thing should be you should take care of the north koreans. we will take care with you and the russians. once the north koreans of ten nuclear weapon you also could be on that list of being threatened and intimidated. lou: we appreciate it, as always. thank you. up next, the president says we should not seek alternative energy technology advances to other nations. we will show you why that is exactly what this administration is doing. and apples are rendering its title as the most valuable publicly traded company. surrender in hundreds of billions of dollars in market cap. that's next. ♪ ♪ ♪
lou: as i was saying, the president vowing to stay ahead of the world and alternative energy development despite billions of dollars in wasted taxpayer money. strategic materials advisory council co-chairman joins us to talk about that and a great deal more. but the first ballistic a quick look at wall street where the s&p has closed above 1500, are you ready, for the first time in more than five years because of strong earnings from procter and gamble, starbucks, and other companies. today's eight-point gain for the s&p also helping the index extend its longest winning streak in more than six years. the dow jones industrials gaining 46 points. now at a 52 week high. the nasdaq adding 19 points. volume about average on the new york exchange. for the week the dow jones industrials up nearly 2%. the s&p was up 1%, and the nasdaq gained half a percent. the fourth straight week of
gains for all three indexes. is this fun or what? and the dow jones industrials now 2608 points from its all-time record high. 1,411,604. u.s. markets are on track for the best january in two decades. how about that? exxon mobile today reclaiming its title as the world's most valuable company. one year after losing that type of sample. apple today dropping more than two percentage on market cap of 413 billion. exxon mobile of fortunes of a percent. market cap moving up to 418 billion. gold, gold tumbled more than $13 an ounce settling at $1,656. oil dropping $0.7 closing just below $96 a barrel. quite a week we have had. the yield on the ten year treasury up one-tenth of a percent of the way up to, are you ready, 195.
sales of new homes dropping last month, the decline had been expected, but everyone was looking really at the sales in 2012. last year those sales were the best since 2009. national security concerns continue to escalate over the sale of bank robber u.s. battery maker a 123 to a chinese company during president obama's recent inaugural he indicated that we need to keep such technology here in the united states. >> the path toward sustainable energy sources will be long and sometimes difficult. america cannot resist this transition. we must lead it. we cannot feed to other nations the technology that will power new jobs and new industries. we must claim its promise. lou: the president said we cannot feed. our next guest said, that is exactly what we're doing. joining us, directed all
technology acquisition for the u.s. army under presidents bush and obama. he is now the co-chair of a nonprofit washington d.c. group, strategic materials advisory council. good to have your. >> thank you and good evening. lou: those are big words from the president. they sort of leave you scratching your head because it has always been the leader in technology. yet when you look at this company that does not seem to be any response from the committee on foreign investment in the united states which is responsible for making the strategic evaluation. what's going on, specifically before we get to the broader strategic issues. >> well, specifically they find themselves in a bankruptcy proceeding. and with it are the 91 very important patents that it has to its technology, specifically its high-end batteries that have significant military telecommunications power grid
implications and that is really what the national security concern is here for the council and for many retired defense officials such as myself, retired uniform military officials and also members of congress who are asking what has happened to our money, are subsidized money, increase energy money is gone into these companies that now the chinese are poised to acquire at bankruptcy. in addition, the intelligence community has come forth in december of 2012 and said there is a concerted strategy, a coordinated strategy going on to acquire u.s. technology companies, and they are not talking about paraguay. lou: it is one of the strangest things to me because reporting on this issue for now wycherley decades, we know as a matter of fact, 3500 chinese front companies in this country with two purposes, either to acquire
u.s. technology or u.s. military technology and the most advanced technology possible. i sat down and talked. he said to me point-blank what he wants to do, which is to acquire the most advanced technology in the united states. we have people sitting in as you mention the intelligence committees agencies, executive branch of this government particular. seem to act as if it is all a surprise to them that our interests are riskier. >> it seems that a lot of people in washington are not connecting the dots. our counsel, the strategic materials advisory council is demanding that government do its job. this process, as you mentioned, the committee on foreign investment in the united states is currently engaged in the confidential review of this transaction. they need to do their job. in need to look at all aspects of this including the cross
licensing agreements that this company has and all of the very proprietary technology, the very core of its batteries which are used in military satellites, advanced combat vehicles, and all sorts of places like seal delivery vehicles and such that make a lot of difference to our country. we cannot let this slip by through a haphazard process. we're calling on the government to, if they have to, stop the process and rewind it. this committee, rewind it or outright even better denied this sale. that is what needs to be done. lou: this sale, they purchase by the chinese which involves oil properties in this country still without resolution and notoriously long in its process and favorable to the transaction proposed in its history. both are not, in my opinion at least ten that would like to get
your opinion as we conclude here, not in the national interest. >> that is why we can't rely solely an industry. industry is during my profits, and we understand that business people have to do with business people have to do. the government needs to do it's number one job and protect the national security. without national security there is no bill of rights, no summers in nantucket, nothing without our national-security. giving a proprietary technologies which put our military and the disadvantaged is no way to protect the national security. lou: thank you for being here. thank you for what you're doing. an important role with the strategic materials advisory council. we thank you and the court to talking with the san. >> have a great weekend. lou: you, too. the president's energy policy will take up next the "a-team". stay with us. a massive pro live demonstration in the nation'n's capital today the same week as the 40th
anniversary of roe v wade. why is the liberal mainstream media at ignoring the march for life. our next guest is best-selling author brad meltzer, for president assassinated. a killer recreating the crimes of the diabolical plan,'s from the mind of meltzer who tells us about his new book, the fifth, assassin. ♪ all systems go for the obama administration's liberal second term agenda. gun-control introduced. the obama immigration initiative about to be unleased. will it all come to a grinding halt when it is time to vote in congress? the "a-team" is next. the boys use capital one venture miles for their annual football trip. that's double miles you can actually use. tragically, their ddy got sacked by blackouts. but it's our tradition! that's roughing the card holder. but with the capital one venture card
thank you both for being here. let me start with you. the republicans have put right spree this back, retain him, i should say at the rnc despite by the general calling for revitalization, new voices, new ideas, get rid of the old and bring in the new and embrace america. how does that work up? >> i think it's going to work out well, and that think he is going to embrace what was said. a lot of people are hopping on. having said that, he has a point. we have to go and speak the truth to the people. diversity is good. diversity of voices, and i believe the republican party which is supposed to be the party has failed at that. lou: to see the big republican bowl, one of the most republican iconic figures saying c'mon, let's take it up. that is radical.
and i have to tell you that i see some glimmer of hope there for the republican party as a result. if a guy like barber steps up, that means this is time for things to happen. >> there have been a host of big republican names is said enough is enough. we have lessons to be learned. part of the 12 steps of recovery is to admit that we have a problem. we certainly do. the place to face up for the problem is only have the party together, but is not enough to acknowledge the problem. now we have to do the tough work of feeling our party and building our party. lou: let's to an early test. what are you going to do about immigration reform? our you going to compete with the president? his party and his private organizational groups campaigning on the issue of immigration reform. how are you going to outsmart him come up with income of
working? >> in my book and it a whole chapter on latinos. immigration is not the most important thing to latinos. the failure that we did as a party, we did not reach out to the type of latinos that would listen to our voice. if you want people who are sympathetic to undocumented workers, illegal aliens, they're not going to love the republican party. you have people that have come to this country illegally and they don't want people to jump ahead of the line. those are the people that we need to get to. lou: can you offer a different tone? that might upset some folks there. when angela said. >> here is what the republicans should do. we have a great spokesperson for immigration, marco rubio who has already made some great statements about our republicans have -- lou: what about ted crews? >> absolutely. lou: do you have to be hispanic to have a bright idea? >> you don't, but i'll tell you what, very good hispanics within the party who can lead the
charge and immigration, and they should. >> that's the problem with our party. as the problem with our party. he should not send a latino because i understand you because i'm just like you. that was his problem. right now, you should be able to get to the national organization and promote what we believe as a party. that's how people see us as being real. >> we should build a coalition, but here is a we should do. whenever the president will lay out his grand vision. we should preempt that by having people and others come out and laid out before the american people what our vision is. lou: i want to give them credit because i really believe -- he has really been working on this issue. he's been working on it for most of 2012. and what form that takes at on that yet. but i do know that he is talking intelligently about a rational, effective, a humane response to
the issue. the idea will be whether they're republican party has the ability, the capacity command the will to put him in a position so that he can represent the party and an issue or whomever the party decides will have the strongest of voice. let's turn to the issue of the national labor relations board. this may be -- this is arguably the first setback for this president in the course of the last, i don't know, two years. certainly the issue of the national labor relations board appointees recess appointments been found unconstitutional by the d.c. court of appeals. but you going to do with that? >> it was in a recess appointment. it was an perform, and that is technically the senate was not in recess. the bottom line is, however your appointed needs to be shut down and all of the rulings, 218 rulings unconstitutional and they need to be overruled. lou: they have been overruled. they have. what do you think should happen
next? >> the vote -- modus operandi of this president is if you like what i'm doing, simi. we do. immigration, health care, a lot of things. but the most dangerous president is the one who is willing to go beyond his bounds because he thinks he has the authority to. he's not going to stop here. the rebuke by the appellate court is really water over his back. he is going to be using executive order upon executive order if he feels it is in his interest. lou: what you going to do about it? the republicans complain. what are you going to do? >> you have liberals that are already saying that ronald reagan had 240 recess appointees . lou: as you pointed out, not while they were in pro-forma. that is entirely -- they lose. the congress and the senate gets to make their own rules. >> exactly. we need to educate that to the american people because they don't understand. they think that the course of ruling against president obama, the first black president.
lou: we're going to have to leave it there. we will continue next week. thank you so much. up next, one of the nastiest flues seasons on record. an update for you on what has turned out to be a deadly outbreak next. coming up next week, former u.s. ambassador to the united nations, john bolton, economist and a best-selling author, former fed vice chairman joins us. and author, radio talk-show host monica crowley among our guests. please be with us next week. ♪
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from 48 last week. that is the good news. cases in the southwest and northwest, however, are rising. lows of declining in the south, new england, and the midwest. the virus continues to take a toll on the most tolerable children and the elderly. eight other child deaths reported, bringing the total 37 so far this season. that compares to 34 deaths of children in all of the previous truces since. the elderly also accounted for half of all hospitalizations nationwide. a former cia officer has been sentenced to two and a half years in prison because he leaked an undercover colleagues named to a reporter. attorneys for 40 year-old john, he never intended any harm and was acting as a whistle-blower because he was also the first cia officer to publicly talk about the use of water boarding while interrogating terrorist suspects. the judge rejected his claim saying that she would have imposed a much longer sentence
if prosecutors had not negotiated a plea agreement last year. hundreds of thousands of pro-life demonstrators braved freezing temperatures in washington day for the annual march for life. this year's demonstrations coinciding with the 48 anniversary of roe v wade. don't expect to hear a lot about it in the mainstream liberal media. according to the media research center in new york times has ignored the story in their print editions for the past five years despite the presence of hundreds of thousands of people demonstrating for life in the nation's capital. over the past decade the big three broadcast networks all have chosen not to mention the word live in 91 percent of their reports on roe v wade. and you can imagine this, the march for life without the word life. it loses something. the annual rally is, of course called the march for life.
those liberal news outlets sort of stop with march 4. up next the brand new thriller, the fifth assassin, the story of a fictional killer. we will tell you about it and we will be talking with one of the most talented and best-selling authors in the country. brad meltzer joins us with that fascinating plot. i'm so proud you found a plot that you really like. that's great. i've read every one of his books and we will talk about this one next. ♪
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in killing american presidents were somehow linked that the fifth assassin was ready to strike again. joining us now, this new book entitled the fifth assassin. getting rave reviews, currently number three on the new york times best-seller list. we expected to stay there for a least two years, maybe a year-and-a-half. brad has absolutely the most inventive mind when it comes to plotting commanded as always a delight. congratulations on the book. thank you for being here. where did you get this idea? >> you know, this one came from reality. i had a long time reader is said to me that he worked in the secret museum. i work in a museum in washington d.c. that almost no one knows about. you have to come see what we have here. some what you have. he says to me, well, we have pieces of abraham lincoln spoke, the bones of john wilkes booth, and the actual bullet that killed ever and lincoln.
would you like to come see it. when i got there they did not just have artifacts from the lincoln assassination but some from the other assassinations as well. it got me thinking, what if he had a serial killer who meticulously recreated because of a presidential assassins from john wilkes booth to lee harvey oswald. they're not just -- they're working the other for the same sickert cause for for a century, and that's where the fit the system begins. lou: the most intriguing. of course that is what you're supposed to do. but i'd -- it truly is something to marvel at. let me ask you, in this context, and i want to put this appear. here is the book. it is selling like hotcakes. and i could not have -- what about this target right over -- the cover of the book, the american flag behind it, how is this playing into the debate on gun control and all that has happened right now in our
society? >> it is a very fair question. so many people, when things happened in newtown, conn. said what is the world coming to. when i saw i realize that this has been happening over and over you look at the assassins to have killed presidents and have a couple of things in common. they're all meticulously neat. they don't do any drugs. none of them for the most part are actual drinkers. none of them to cut most of them are not even troublemakers' until that moment with a pulled the trigger. when you look at that, three of the four of them are in their 20's. when i like what happened in connecticut colorado and you see someone come up, my gosh. what has happened, yang twentysomething sociopaths have taken matters into their own hand is now something that is just happening now but has been repeating throughout our history for over a century and a half. lou: amazing. and the relationship between -- because now we are hearing video games, hollywood. the role of fiction in influencing the minds of those with mental on this and who have the capacity.
these poor blacks. your thoughts? >> listen, none of us to write fiction into violence. his been around long before any of us put on the page. when i bought myself on is the research. former president bush senior his get out of the hospital, a couple of years ago he wrote me the best fan letter i ever get my life. he said he liked my novel the millionaires. guess i'm a copy. you're the former president. all send you a free book. i appreciated. this is fiction. to make it will ever want. we all know that there are only a few people know what is like to live in the white house to know what it's like when someone is out there to kill you. aston, are you scared that? do you think of those moments? and his answers healthy provide what you see in this fictional thriller. you're not just getting what i'm making about the things that former president bush himself
actually taught me and all the details are real in the book. it is not just seeing inside camp david but the secret tunnel that runs below camp david. you reach out -- chapter 97 and you will see where that comes out. lou: thank you for being with us. the book is the fifth copd makes it hard to breathe, but with advair, i'm breathing better. so now i can be in the scene. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis
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